Student Driver Placement

May 2016

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a 55." Admission of guilt by stating the facts; the driver just admitted exceed- ing the 55 MPH speed limit by telling the judge he was only going 59. Should you do decide to fi ght the citation, then you need to hire an attor- ney that knows and understands truck- ing law. Trucking law is different from regular traffi c law because the Federal Motor Carrier Safety Association has a whole book of rules and regulations that only apply to the Commercial Driver's License, trucks and carriers. Here is an example of a local attor- ney that thought he was doing the driv- er a favor but in fact made his situation worse. The attorney had a general practice (wills, divorce, contracts, etc.) Facts: driver was from Illinois and received the citation in Ohio for going 68 in a 55 MPH zone. The attorney was able to have the ticket reduced to 59/55 MPH and both the driver and attorney were happy. OOPS -- three weeks later the driver received a notice from the IL DMV informing him his license was being suspended for 30 days because this was his third conviction in a 12 month period. The local OH attorney knew nothing about IL law and ended up causing the driver to be suspended. Had the driver been licensed in OH where the attorney practiced, all would have gone well. The moral of that story is hiring an attorney that knows trucking law and works nationwide so they know the laws of every state as they apply to truck drivers. What about the citation received during an inspection where the offi cer writing the citation is judge, jury and executioner? In that situation you can do a DataQ Challenge, but you will need to provide all the documentation you can as well as present your story so that a reasonable person could take your side. If you can convince the offi cer he made a mistake, then he will remove or reduce the citation and the points on your CSA. You must fi ght every ticket you receive. You must do a DataQ Chal- lenge on any inspection you receive where the offi cer puts points on your CSA. There is a huge driver shortage out there right now; however, a lot of that shortage is caused because carri- ers refuse to hire drivers with too many points on the CDL or CSA. You try to be a professional driver and you try to be a safe driver, but remember; Trucks and truck drivers just seem to attract traffi c tickets, like fl ies to a picnic. ◆ Jim C. Klepper is president of Interstate Trucker Ltd., a law fi rm entirely dedicated to legal defense of the nation's commercial drivers. Interstate Trucker represents truck drivers throughout the forty-eight (48) states on both moving and non-moving violations. Jim is also president of Drivers Legal Plan, which allows member drivers access to his fi rm's services at greatly discounted rates. Jim, a former prosecutor, is also a registered pharmacist with considerable experience in alcohol and drug related cases. He is a law- yer that has focused on transportation law and the trucking industry in particular. He works to answer your legal questions about trucking and life over-the-road and has his Commercial Drivers License. 800-333-DRIVE (3748) or www.interstate- and 14 May '16

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